In a case recently decided in the State of Illinois, the plaintiff filed a complaint alleging violations of the Telephone Consumer Protection Act (TCPA). The defendant filed a motion to dismiss the complaint for failure to state a claim.
The plaintiff registered her cellphone on the Do-Not-Call registry and then renewed the registration. About the time she renewed the registration she began receiving calls from entities trying to sell her the defendant’s home security system. The defendant did not sell its services directly to consumers, but relied on a network of third-party dealers to generate subscribers.